The trial of a man accused of assaulting and trying to rob a man in a public restroom near Selfridge Air National Guard Base will take place next week after a judge resolved an issue over the defendant’s constitutional right to confront his accuser versus a soldier’s commitment to national security.

A jury was selected Thursday in Macomb County Circuit Court in Mount Clemens for the retrial of Jason Bettcher, 37, who is charged with assault with intent to cause bodily harm and assault with intent to rob. The charges revolve around an incident Good Friday morning last year in a restroom at a state Department of Natural Resources public access site off Hall Road in Harrison Township.

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A Macomb County jury failed to reach a verdict after Bettcher’s first trial in January.

The retrial, which will continue Tuesday, will go on even though the alleged victim will not be able to testify because he is training at Fort Riley, Kan., for an upcoming mission to Afghanistan.

Instead, his testimony from the first trial, including cross-examination by defense attorney Azhar Sheikh, will be recited in front of the jury.

That resolution was reached, but not before Judge Diane Druzinski wanted to be sure that the complaining witness was unavailable. By law, Macomb prosecutors must make “due diligence” to have the witness testify live to ensure the right of the defendant to confront his accuser, a right guaranteed in the 14th Amendment.

“He’s leaving for Afghanistan in about a month,” sheriff’s Detective Christopher Fraser told the judge after talking with Bettcher’s accuser over the telephone Thursday afternoon. “He said as far as he is concerned it is mandatory training.”

Druzinski pressed the issue further, saying she did not want to jeopardize national security but wasn’t satisfied sufficient effort was made to have him testify. She ordered Fraser to contact the complaining witness’ commander to see if the man could leave for one day to testify. Fraser talked over the telephone to an Army commander.

“He (the soldier’s immediate commander) advised me he would not approve any leave for Mr. ... because of national security reasons,” Fraser told the judge. “It’s imperative Mr. ... gain the certifications needed” to participate in the mission. “He is quite certain that his commander would back him up on that.”

Druzinski relented, saying, “I am satisfied he is not available,” and made sure Sheikh and Bettcher were satisfied.

Assistant Macomb prosecutor Gordon Hosbein said Bettcher’s confrontation right will be met due to the earlier cross-examination.

Sheikh said the lack of live testimony should help his client, although he conceded jurors won’t be able to see that the alleged victim is much bigger than Bettcher, possibly undermining his claim.

The incident occurred about 6 a.m. April 22, 2011, when the victim says he stopped to use the restroom before going to work as an Army recruiter at SANG. He testified a man meeting Bettcher’s description asked for money and when the victim put him off, the man wielded a knife. The assailant swung a knife, cutting the man in the arm, stomach and chest, causing superficial wounds that required six stitches.

The alleged victim testified he was 95 percent sure his attacker was Bettcher, although in a photo lineup he wrote “possible” next to Bettcher.

Bettcher made incriminating statements to police. Bettcher, backed by his girlfriend’s testimony, claims he was with her at the nearby Tel-Star motel in Chesterfield Township.

A knife and cigarette at the scene were not connected to Bettcher.

Bettcher, a former 12-year employee of the Clinton Township Department of Public Works, lost his job due to the charges, Sheikh said.